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I don't know if you have to disclose. It isn't a material defect. It seems like it would fall into the Unfairly Stigmatizing a Property realm. In CO, we are not required to disclose information that would unfairly stigmatize a property - like a death in the property. I live on a street where a guy died in the bathtub, in August, and was unnoticed for 12 days. Did I mention it was August? Sunshine Cleaners had to come out! Hazmat suits, the works.

It sat unoccupied for 11 months then went on the market at a super deep discount - with no mention of the death.

Another case in CO, a family bought a house at a super steep discount, only to find out from the neighbors that there was a brutal serial killer living there before, and the outbuilding was where he did his Dexter thing. Undisclosed to the out-of-town buyers.

In this case, how were the sellers to know that the stalker would continue to stalk the new owners? I am certainly not making a case for them - I think they were wrong to not disclose. But who would have bought it if they did?

I would certainly like to see the laws changed so previous deaths in a property must be disclosed if known. In both cases above, they were known.

But how do you decide what needs to be disclosed? When in doubt, talk to the neighbors. They know everything!

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